U.S. patent number 7,356,831 [Application Number 11/155,690] was granted by the patent office on 2008-04-08 for method for the distribution of audio-visual information and a system for the distribution of audio-visual information.
This patent grant is currently assigned to Touchtunes Music Corporation. Invention is credited to Guy Nathan.
United States Patent |
7,356,831 |
Nathan |
April 8, 2008 |
Method for the distribution of audio-visual information and a
system for the distribution of audio-visual information
Abstract
The technology herein relates to a jukebox system, including a
server that stores a master library of audiovisual selections. The
system includes a plurality of jukeboxes, each of which is operable
to store audiovisual selections received from the server and to
play the audiovisual selections at the request of a user. The
system also includes a communications system through which the
server and the jukeboxes communicate. The server is operable to
define authorized uses for downloaded selections for each jukebox
corresponding to various rights that third parties have in the
audiovisual selections. The server also maintains information on
the authorized uses made by each of the jukeboxes and determines
the amount of royalties due.
Inventors: |
Nathan; Guy (Nun's Island,
CA) |
Assignee: |
Touchtunes Music Corporation
(Las Vegas, NV)
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Family
ID: |
8851863 |
Appl.
No.: |
11/155,690 |
Filed: |
June 20, 2005 |
Prior Publication Data
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Document
Identifier |
Publication Date |
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US 20050235309 A1 |
Oct 20, 2005 |
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Related U.S. Patent Documents
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Application
Number |
Filing Date |
Patent Number |
Issue Date |
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09664494 |
Sep 18, 2000 |
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Foreign Application Priority Data
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Jun 29, 2000 [FR] |
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00 08394 |
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Current U.S.
Class: |
725/92; 725/145;
725/115; 348/E7.071; 707/E17.009 |
Current CPC
Class: |
G06Q
20/3674 (20130101); G06F 16/40 (20190101); G07F
17/305 (20130101); H04L 63/08 (20130101); H04N
7/167 (20130101); H04N 7/17318 (20130101); H04N
21/2407 (20130101); H04N 21/2541 (20130101); H04N
21/2543 (20130101); H04N 21/25816 (20130101); H04N
21/25833 (20130101); H04N 21/4334 (20130101); H04N
21/439 (20130101); H04N 21/44204 (20130101); H04N
21/472 (20130101); H04N 21/47202 (20130101); H04N
21/63345 (20130101); H04N 21/8113 (20130101); H04N
21/8355 (20130101); H04L 65/1063 (20130101); H04L
65/4084 (20130101); H04L 67/2819 (20130101); H04N
7/16 (20130101); H04N 21/2547 (20130101); H04N
21/2351 (20130101); H04N 21/4627 (20130101); G07F
17/16 (20130101); H04L 29/06027 (20130101); H04L
63/10 (20130101); H04L 67/2847 (20130101); H04L
67/2895 (20130101); H04L 67/289 (20130101) |
Current International
Class: |
H04N
7/173 (20060101); H04N 7/16 (20060101) |
Field of
Search: |
;725/92,115,145
;707/10,100,104.1 ;709/223 ;381/124 |
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Primary Examiner: Bui; Kieu-Oanh
Attorney, Agent or Firm: Nixon & Vanderhye P.C.
Parent Case Text
This application is a divisional of application Ser. No.
09/664,494, filed Sep. 18, 2000, now abandoned, which claims
priority to French Application No. 00 08394, filed Jun. 29, 2000,
the entire contents of which are hereby incorporated by reference
in this application.
Claims
The invention claimed is:
1. A jukebox system, comprising a server that stores a master
library of audiovisual selections; a plurality of jukeboxes, each
of which is operable to play the audiovisual selections received
from the server at the request of a user; a communication system
through which the server and the jukeboxes communicate; wherein the
server is operable to define, for each individual jukebox, uses to
be made by that jukebox of the audiovisual selections from the
server by assigning to that jukebox a code or unique key, and
wherein the server is further operable to verify, for any one of
the jukeboxes, the authorized uses to which that jukebox may put a
received selection; and further wherein the authorized uses
correspond to various rights that third parties have in the
audiovisual selections, the rights requiring by law or regulation
payment of respective royalties for the authorized uses of the
audiovisual selections; and further wherein the server maintains
information on the authorized uses made by each of the jukeboxes
and determines the amount of royalties due for each authorized
use.
2. The jukebox system of claims 1, wherein the rights include
master recording rights, mechanical rights, synchronization rights
and public performance rights.
3. The jukebox system of claim 1, wherein the authorized uses
include playing the audiovisual selection without storing the
audiovisual selection on the jukebox, storing the audiovisual
selection on the jukebox for unlimited play, and storing the
audiovisual selection on the jukebox for a single play.
4. The jukebox system of claim 1, wherein each of the various
rights have a different required royalty and the server maintains
information on the amount of each royalty for use in determining
the amount of royalties due for each authorized use made by the
jukeboxes.
5. The jukebox system of claim 1, wherein the uses to be made by
the jukebox include playing the audiovisual selection without
storing the audiovisual selection on the jukebox, storing the
audiovisual selection on the jukebox for unlimited play, and
storing the audiovisual selection on the jukebox for a single play.
Description
FIELD OF THE INVENTION
This invention relates to a method for the distribution of
audio-visual information and a system for the distribution of
audio-visual information.
BACKGROUND OF THE INVENTION
In the prior art, devices are known that permit a user having a
terminal and a connection to a server of audio-visual information
to download pieces of music in order to listen to them in real time
or to store them in data storage means, either connected to the
terminal, or transportable so as to be able to play them back or
duplicate the pieces of music an unlimited number of times.
However, most of these devices do not permit the calculation of
royalties due to those having rights to the pieces of music since
none of these devices enable the use made of the piece of music to
be verified.
OBJECT AND SUMMARY OF THE INVENTION
Hence, this invention has the objective of remedying the
disadvantages of the prior art by proposing a method of
distributing audio-visual information enabling one to identify and
to calculate the rights of reproduction of the audio-visual
information distributed.
This first objective is achieved by a method for the distribution
of audio-visual information between a server and at least one
terminal connected by bi-directional means of communication to the
server characterized in that it comprises: a step of registering
each terminal at the server to identify the terminal in a unique
way and to record the type of terminal, a step of authenticating
the terminal by the server on the occasion of each connection of
the terminal to the server, a step of downloading at least one
selection of audio-visual information chosen by the user of the
terminal during its connection to the server, the format in which
the selections of audio-visual information are transmitted being
such that the destination terminal can make use of them, a step of
storing the use made of each selection of audio-visual information
in a data base of the server.
In another embodiment, the use of a selection of audio-visual
information comprises, either the running in real time of the
audio-visual information on the destination terminal, or the
storing of the audio-visual information for the purpose of running
it on the destination terminal, or the running, in real time, of
the audio-visual information, after storing the audio-visual
information on the destination terminal.
In another embodiment, the authentication step includes a step of
the terminal sending stored information relating to the desired
uses to be made of the audio-visual information downloaded onto the
terminal.
In another embodiment, the method includes a step in which the
server processes information stored or received and relating to the
uses for the audio-visual information downloaded onto the terminal
in order to determine the amount of royalties to be paid to each of
the parties having rights over the audio-visual information.
In another embodiment, the registration step comprises a step of
sending decoding and/or decryption means as a function of the
format in which the audio-visual information will be transmitted to
the terminal and which corresponds to the specified uses.
In another embodiment, the type of terminal defines the use which
will be made of the audio-visual information on the terminal.
In another embodiment, the method comprises a step of paying for
the selections commanded, either during the authentication step or
during the choice of the user, or before the downloading step.
In another embodiment, the method comprises a step of storing on
the terminal statistical records concerning the use of the
selections stored by the terminal and a step of sending, by the
terminal, of information corresponding to the statistical records,
during connection between the terminal and the server.
A second aim of the invention consists of proposing a system for
the distribution of audio-visual information which permits the
calculation of the rights of reproduction of audio-visual
information distributed.
This second objective is achieved by a device for the distribution
of audio-visual information comprising a server including mass data
storage means that include audio-visual information for
representing a plurality of musical and/or video selections, and at
least one terminal including data storage means and a
bi-directional communication link with the server, the device being
characterized in that the data storage means of the server comprise
an identification of each terminal defining the use of the
audio-visual information transmitted to the terminal, each terminal
comprising means interactive with the user to permit the choice of
at least one selection through the communication link with the
server and means of running the information sent by the server and
representative of an audio-visual selection.
In another embodiment, the running means comprise means of running
the audio-visual information sent by the server in real time, on
the terminal.
In another embodiment, the running means comprise means of
forbidding the re-use of the audio-visual information sent.
In another embodiment, the running means of the terminal comprise
means of storing the audio-visual information sent.
In another embodiment, the terminal comprises means of recording
information relating to the use made of the selections sent by the
server to the terminal.
In another embodiment, the server includes means of calculating
royalties to be paid to each of the parties having a right over the
use of the selections sent to the terminals, from information
recorded by the server and transmitted by each terminal and
relating to the use of the selections.
In another embodiment, the exploitation means comprise a Digital
Signal Processor DSP comprising means of decoding audio-visual
information transmitted by the server in order to provide digital
information, a digital-analog converter, at least one output for
digital information to data storage means and command means for
each digital output in order to authorize or not to authorize the
storage of the digital information.
It must be obvious to persons skilled in the art that this
invention permits embodiments in numerous other specific forms
without departing from the field of application of the invention as
claimed. Consequently, these embodiments must be considered as
being given for illustrative purposes and may be modified within
the field defined by the scope of the attached claims.
In another embodiment, the interactive comprising selection means
including a pointer and or a touch screen associated with displays
means for displaying at least one dialogue screen, and/or a vocal
command system associated with audio reproduction means for
restituting at least one vocal message.
BRIEF DESCRIPTION OF DRAWINGS
The invention, with its characteristics and advantages, will emerge
more clearly on reading the description made making reference to
the appended drawings in which:
FIG. 1 represents a simplified diagram of the device for the
distribution of audio-visual information according to the
invention;
FIG. 2 represents the logic diagram of the operations carried out
during the communication between the server and a terminal of the
device for the distribution of audio-visual information according
to the invention;
FIG. 3 represents a diagram of the terminal of the device for the
distribution of audio-visual information according to the
invention.
DESCRIPTION OF THE PREFERRED EMBODIMENTS
Before describing the invention, it should be recalled in which
context the broadcasting of audio-visual information is located.
Firstly, by information or audio-visual selections, one must
understand digital information or information arising from
digitization that is representative of an artistic work. According
to legislation currently in force in most countries, no sound
reproduction or copy of an artistic work can be made without the
agreement of the person or persons having rights to it, namely, in
particular, its authors and/or composers and/or interpreters and/or
promoters (recording company) and/or distributors. As a general
rule, this or these agreement(s) is/are given in exchange for the
payment of royalties.
By way of example, we will describe in what follows, the scope and
the contents of certain rights.
The rights to artistic audio-visual works are of several types and
are a function in particular, of the use which is made of the
artistic work. In the case of a musical work, first of all there
are rights linked to the sound reproduction of the work. Hence as
soon as a musical work is reproduced, that is to say, as soon as it
is played on a sound playback device, master rights are due to all
or some of those having rights. When the musical work is copied,
that is to say, information representative of the musical work is
transferred onto another medium, then, for each copy of the work,
mechanical rights are due to all or some of those having rights.
Hence any downloading of a song from a memory of a server to
another memory of a remote terminal constitutes a copy of an
artistic work.
When the artistic work consists of the association of still or
moving images with sound, the reproduction of this work also gives
rise to synchronization rights which can be negotiated by mutual
agreement by the legal representatives of those having rights and
authorized to collect the royalties according to regulations which
are predefined but may vary from one work to another.
When an artistic audio-visual work is reproduced in public, it
gives rise, in certain cases, to public performance rights,
recognized in general by legal bodies who represent parties having
rights and who are authorized to collect the royalties in
accordance with regulations which are predefined but may vary from
one work to another.
The rights which have just been mentioned are, by way of example.
Other rights linked to the use of artistic audio-visual works can
exist or arise. Similarly, the definition of the rights and
particularly their conditions of application can change. However,
whatever the type of right stemming from the use of an artistic
work and whatever its application conditions, the method and the
device according to the invention can be applied.
As previously explained, the devices for the distribution of
audio-visual information of the prior art did not provide means
enabling one to determine the total amount to be paid to those
having rights and did not exercise any controls whatsoever over the
use of the audio-visual selections once they had been distributed.
Consequently, the distribution of audio-visual information using
these devices of the prior art is most of the time carried out
regardless of the rights of third parties to the artistic works
corresponding to the audio-visual information.
This invention proposes to resolve this problem by providing a
device and a method for the distribution of audio-visual
information that enables one to take into account the payment of
royalties and taxes to those having rights to an artistic work,
when the work is commanded using a terminal connected to a server
specialized in the distribution of artistic works in the form of
audio-visual information through a communication network.
One non-limitative embodiment of the invention will now be
described making reference to FIGS. 1A and 1B. The device described
in what follows enables one to take into account rights linked to
the sound reproduction and the rights linked to the copying of
sound works in particular. However, by applying the same
principles, it is possible to take into account all the rights
linked to any sort of use of an audio-visual work.
The distribution device according to the invention comprises a
server 2 for the distribution of audio-visual information connected
by a bi-directional communication link 3 to at least one remote
terminal 1. FIG. 1 only shows a single terminal. However, the
server 2 according to the invention can be connected in a
simultaneous fashion and through links of various types to several
terminals 1.
The server 2 includes a module 20 for the management of
communication with the terminals 1. This module 20 can include
different sub-modules so as to take into account the different
possible types of communications' links. Hence, a first sub-module
comprises a communication interface that permits linkage to an ISDN
or Integrated Services Digital Network. A second sub-module
comprises a communication interface that allows connection to a
communication link of the satellite type. A third sub-module
comprises a communication interface that permits linkage to a
communication link of the telephonic type, particularly a
traditional wire connection or an ADSL or cellular type of link. A
fourth sub-module comprises a communication interface that permits
linkage to a communication link of the television cable network
type. The communication management module comprises transcription
means so that, on the one hand, in the server terminal
communication direction A, it transcribes the information coming
from the server into the format suited to the type of linkage 3,
and, on the other hand, in the terminal server communication
direction B, it transcribes the information coming from the
terminal into the format suited to the type of linkage 3. The
communication management module 20 comprises means of analyzing
signals received from the terminals 1 in order to extract from
these signals, requests from the terminals or responses from the
terminals 1 to the requests from the server 2. Finally, the
communication management module 20 comprises means of transmitting
requests or the responses to the relevant module of the server.
The communication between the different modules of the server 2 is
created using a bi-directional bus 25 known of itself.
A first module 21, called an authentication module comprises, for
example, in a data base 210, a piece of information representative
of an identification of all the terminals 1 liable to establish a
connection with the server 2. The authentication module 21
comprises means of updating the data base 210 so that each time a
user wishes a new terminal to be able to connect to the server 2, a
new identification is assigned to this new terminal 1. This
updating is carried out, for example, using a registration
procedure. This registration procedure has the purpose, on the one
hand, of assigning an identifier and, for example, a pass word
unique to each terminal. Similarly, this procedure specifies the
use to be made of the information which will be transmitted
subsequently to the server 2. In effect, there are several ways of
using the audio-visual information transmitted by the server 2. In
a first case, the terminal 1 can be used to listen to a musical
selection commanded to the server 2, in real time. In a second
case, the terminal 1 can be used to store a musical selection
commanded to the server 2 in order to be replayed an unlimited
number of times. Hence, in the first case, a single royalty for a
single broadcast is due to those having rights. Within the second
case, there are two possible situations. In a first situation, on
the one hand, a royalty for copying the work must be calculated and
paid and on the other hand a royalty for each sound playback of the
selection must be calculated and paid. In a second situation,
payment for storage of the data and its unlimited use is made as a
one-off payment by the user. This situation is very similar to the
purchase of songs on traditional media such as an audio CD or a
cassette. In this case, the royalties can also be calculated as a
one-off payment for each downloading. Hence it can be understood
that the management of these uses is necessarily different since
these uses give rise to royalty payments calculated in a different
way. This difference in calculation resides not only in the rate
applied but also in the number of times that this rate must be
applied.
Hence, at the time of registration, a code or a unique key, for
example, unknown to the user is assigned to the terminal to
determine the use or uses which may be made of the audio-visual
information sent by the server 2 to the terminal 1. This code or
this unique key is associated with the identifier and to the pass
word of the terminal. By use, one must understand all the uses that
can be envisaged for a piece of audio-visual information, namely
reproduction in a private or public context, copying and
reproduction on demand or in a random fashion of a selection
list.
The authentication module 21 also includes means of managing the
connection of each terminal 1 registered with the server 2. These
management means will be described later making reference to FIG.
2.
The server 2 includes a second module 22 called the graphic
interface. This interface module 22 comprises means of sending
dialogue screens to the terminals having established a connection
with the server. In another embodiment variation, the dialogue
screens may be complemented or replaced by vocal messages. The
dialogue screens and/or the vocal messages are sent by the
communications management module 21 to the terminals having
established a connection with the server 2, to display on terminal
1 display means 122, screens that include selection windows, menus
or any other dialogue box to guide the user in his selection
command or commands and, for example, to permit the terminal 1
authentication procedure to take place when connection is made with
the server 1. The graphic interface module 22 comprises means of
processing either requests for a selection from the terminal 1
during the selection procedure, or requests from the authentication
module 21 during the authentication procedure for the terminal 1.
In effect, during the authentication procedure, the authentication
module 21 must ask the terminal 1 to identify itself so as to
authorize access of the terminal to the server. This request is
carried out by means of a request sent by the authentication module
21 to the terminal 1 through the communications management module
20. The request includes asking for the identifier and the pass
word of the terminal in order to verify that the terminal which is
attempting to make the connection is properly registered, that is
to say that its identifier and its pass word are correctly
contained in the data base 210. This request is sent to the
terminal 1 by means of a particular screen generated by the graphic
interface module 22 which is then activated by the authentication
module 21 so as to transmit the corresponding authentication screen
to the terminal 1. In another variant, the authentication module 21
may include a sub-module generating this screen and can transmit it
to the communication management module 20 for sending to the
terminal 1.
The server 2 includes a third module constituting a selection
library 23 of audio-visual items. This library collects together
notably all the selections available for downloading to the
terminals 1. The selection library 23 may also include selections
which are not yet available for downloading. This case arises when
the selections concerned have not been made the subject of an
agreement for their broadcasting or their copying. In effect,
according to the invention, a selection is only made available to
the terminals when the authorizations for reproduction or for
copying have been obtained from all those having rights over that
selection. Hence the selections can be stored in data base form and
a flag system enables one to identify that a selection is available
for downloading to the terminals. For each agreement with a party
having rights over the broadcasting or the copying of a selection,
a flag is used indicating if the agreement has been obtained. When
all the flags indicate that all the agreements have been obtained
then the selection is available for downloading. If, on the
contrary, a single flag indicates that an agreement has not been
obtained, then the selection is not available for downloading as
long as the flag remains in the same state.
The server 2 includes a fourth module 24 called the royalty
calculation module. This module 24 comprises means of collecting
information sent and received from each terminal 1 concerning the
use which is made of the selections sent. The information collected
is then stored on data storage means of the server. The royalty
calculation module 24 also comprises, for example, in a data base,
elements for calculating royalties as a function of the number of
copies or broadcasts of each selection. These calculation elements
are in particular, the royalty rates claimed for each party having
rights for each use of the selection. Hence, for one and the same
selection, the royalty rate for reproduction can be different to
the royalty rate for copying which itself may be different to a
one-off royalty for the copying of a selection with a view to its
unlimited reproduction. Similarly, as previously explained, a
royalty rate can be specified for every other right over the
selection that exists. So as to carry out the calculation from
these elements, the royalty calculation module 24 receives, for
example, from the communications management module 20, information
about the sending of selections to the terminals 1. As soon as a
selection is transmitted to a terminal 1, the communications
management module 20 notifies the collecting means of the royalty
calculation module 24 by indicating to it if the selection is being
sent for listening to in real time or for storage with a view to
unlimited use with a one-off payment or for any other use giving
rise to calculation of royalties. In effect, as previously
explained, if the selection is simply listened to in real time,
there is not, in relation to legislation currently in force, any
change of medium and hence only reproduction rights are due. If,
contrary to this, the selection is transmitted to a terminal 1
which is authorized to store the selections transmitted, then
copying rights are due. In another example, if the selection is
intended to be played in a public place, then performance rights
are also due.
Similarly, when each terminal 1 receives, for the purposes of
storage, a selection sent by the server 2, during each connection
to the server 2, information determines the number of times that
the selection received on the terminal 1 has been played. When the
management module 20 receives this information, it notifies it to
the information collection means of the royalty calculation module
24 which can then carry out the exact calculation of the royalties
to be paid for each of the parties having rights as a function of
the calculation elements stored in the data base. In the case where
the royalties for the storage and the playback are due in the form
of a one-off payment, the information determining the number of
times the selection received on the terminal 1 has been played is
nevertheless requested and stored for information purposes as
explained later.
Each terminal 1 according to the invention is organized around a
device 10 with a microprocessor. This device 10 includes a
plurality of control circuits 11, 12, 13, 14 that permit management
particularly of the communication with the server, the choice and
the commanding of selections, listening to a selection in real
time, the storage of selections and the restitution of the
selections stored. A first control circuit 11 constitutes the
communication interface with the communication link 3 with the
server 2. This first control circuit 11 can be matched to a link
that may be a telephone link, a satellite link or a cable link. The
function of this first circuit 11 is substantially the same as that
of the management module of the server, but on the terminal 1 side.
In effect, the first control circuit 11 includes transcription
means either to edit the data A arriving over the link 3 so that
they are processed by the microprocessor device, or to edit the
data B sent by the terminal 1 to the server 2.
The second control circuit 12 comprises interface means between the
user and the terminal 1. These interface means essentially comprise
display means 122 and selection means 121. The display means 122
include, for example, a monitor or a liquid crystal screen. The
selection means 121 comprise, for example, a pointer, such as a
mouse, or a touch screen or a vocal command system or a
radio-frequency or infra-red remote command device. These interface
means permit the display of selection help screens generated by the
graphic interface module 22 and then sent over the communication
link 3. The selection means 121 allow the user to define and then
validate his selection choices or to respond to requests from the
server 2, for example, during the terminal 1 authentication
procedure, this being done in manual fashion by a touch screen or
keyboard or remotely, for example by voice.
The third circuit 13 comprises restitution means for the
selections. When the selections are musical pieces, the third
circuit 13 is connected to a sound amplification device 130. An
embodiment example of the third circuit 13 is shown in FIG. 3.
According to this variant, the third circuit 13 is created around a
signal processor designated below as DSP (Digital Signal
Processor). The DSP receives the stream of audio-visual information
corresponding to the selection on its input. This audio-visual
information is digital data that has been compressed or encoded and
possibly encrypted. According to the embodiment variation, the data
are encoded in format MP3, then encrypted in a proprietary format
MMP. The MMP format data are firstly decrypted by a decrypting
module, 1310 in FIG. 3, to provide a stream of digital data in MP3
format. This data flow is applied to the input of a decoding module
1311 that enables one to obtain, on its output, a flow of
decompressed data in a standard digital format, such as WAV format.
This data flow in WAV format is then applied to the input of a
digital-analog converter 132 to be sent to the sound amplification
device 130. The decrypting module 1310 and the module 1311 can be
exclusively of the software type or the firmware type.
As explained previously, a remotely loaded selection can be either
played or stored in order to be replayed or may be played once in
real time. In this latter case, the data flow must in no case be
accessible to the user. In other words, the digital data must not
be stored. Contrary to this, in the first case, the digital data
can be stored. Hence the DSP includes at least one command 133.1,
133.2, 133.3 for access to storage means 140.1, 140.2, 140.3 of the
terminal 1. This access command 133.1, 133.2, 133.3 allows or does
not allow the transfer of the data flow in one of three formats
MMP, MP3, WAV to an area 140.1, 140.2, 140.3 of the storage means
140 of the terminal 1. According to a first embodiment variant,
each terminal is configured during the registration procedure on
the server 2 for a specified use and one of the commands is
validated to authorize the type of use provided for.
In a second embodiment, the terminal is upgradeable and its mode of
use can be adapted when under way. In this case the server 2 sends
information permitting validation for operation according to one of
the three types of use defined above at the same time as the
audio-visual information.
In a final embodiment, when the use provided for on the terminal
does not include the storage of transmitted audio-visual
information, none of commands 133.1, 133.2, 133.3 is validated
which prevents any storage of the audio-visual information on the
data storage means of the terminal 1.
Hence, a first access command 133.1 is sent on a link situated
between a point upstream of the decrypting module 1310 and the data
storage means 140.1. This first access command 133.1 allows or does
not allow storage of a selection in the encoded or MMP encrypted
format. A second type of access command 133.2 is sent on a link
whose first end is connected between the decrypting module 1310 and
the decoding module 1311 and whose second end is connected to the
data storage means 140.2 of the terminal 1. Hence, this second type
of access command 133.2 allows or does not allow the storage of a
selection in the MP3 encoded format. Finally, a third type of
access command 133.3 is sent on a link whose first end is placed
between the decoding module 1311 and the digital-analog converter
132 and whose second end is connected to the data storage means
140.3 of the terminal 1. Hence this third type of access command
133.3 allows or does not allow the storage of a selection in the
decompressed digital format WAV.
In order to provide better protection against fraud and in
particular, against illegal copying of musical pieces, the
preferred access command is the first. In effect by suppressing the
second and the third access commands, the only format available for
storage is the MMP format. This format being both encrypted and
encoded, the stored data is unusable without the decrypting and
decoding algorithms.
The protection of digital data transferred to the terminal 1 can be
achieved by any other means complementary or equivalent to encoding
and/or encryption.
The fourth circuit 14 manages the data storage means 140. These
data storage means 140 can be of the hard disk type, removable data
storage (flash memory, diskette, CD-ROM) or any other type of
semi-conductor, magnetic or optical memory.
According to the invention, the terminal 1 may be, either dedicated
hardware, that is to say hardware specially designed for dialogue
with the server 2, or standard hardware.
When the terminal 1 is dedicated, the DSP 13, integrates both the
software and the hardware elements for the decrypting and the
decoding of the data flow coming from the server 2. Similarly, the
identifier and the pass word are, for example, stored in advance in
the data base 210 of the authentication module 21.
When the terminal 1 is a standard terminal, it must receive, by
means of the first circuit controlling the link, a certain number
of software elements sent, for example, by the server, for example,
during the registration procedure before being able to be connected
to the server 2 and being able to use the data transmitted by the
server 2. Similarly, the user of the terminal 1 must possess an
identifier and a pass word to be identified by the server at the
time it is connected. In effect, as previously explained, the user
must specify what use will be made of the selections on the
terminal 1 so that the authentication module 21 assigns the code or
the key which is appropriate to identify this use.
These software elements sent, for example, by the server include a
configuration for the terminal 1 to authorize the dialogue between
the communication management module 20 and the first circuit 11 in
a way that permits, in particular, the processing of information
representative of the screen display on the display means 122 of
the terminal 1. Secondly, these software elements include, when
this is necessary, means of decrypting and/or decoding the
audio-visual information transmitted by the server 2. Thirdly,
these software elements include, when the terminal 1 is authorized
to store the data corresponding to the selections, means of
retaining a display of all subsequent occasions on which the
selections stored on the terminal 1 were run. These means of
retaining a display of the selections include means of creating and
updating, for example, a log file containing the number of times
each selection contained on the terminal has been run as well as
the dates on which the selection was run.
In an embodiment variation shown in FIG. 1B, the exchange of
information between the server 2 and the terminals 1.1.1 to
1.n.n.sub.3 is carried out by means of at least one so-called
multi-service server 4.1 to 4.n.
The terminals 1.1.1 to 1.n.n.sub.3 shown contain at least elements
which carry out the essential functions of a terminal as described
previously with reference to FIG. 1A.
The architecture shown in FIG. 1B arises when the terminals 1.1.1
to 1.n.n.sub.3 are already connected to a multi-service server 40.1
to 40.n. By way of an example, a first multi-service server 4.1
includes a system for the distribution of television programs by
cable that includes a return channel. In this case, the terminals
1.1.1 to 1.1.n.sub.1 can be made up of a decoder coupled to a
television and to appropriate selection means. A second
multi-service server 4.2 is made up of a cellular telephone
operator. In this case, the terminals 1.2.1 to 1.2.n.sub.2 can be
constituted by the cellular telephone. The selection means are, for
example, constituted by the keyboard or a vocal command system.
The communication protocol between each terminal 1.1.1 to
1.n.n.sub.3 and its associated multi-service server 4.1 to 4.n to
permit the selection and the reception of audio-visual items stored
on the server 2 is managed by the multi-service server 4.1 to 4.n
through an interface 41.1 to 41.n specific to each communication
link 51.1 to 51.n between a server 4.1 to 4.n and the associated
terminals 1.1.1 to 1.n.n.sub.3. The communication links 51.1 to
51.n between a server 4.1 to 4.n and the associated terminals 1.1.1
to 1.n.n.sub.3 are bi-directional.
The communication link 502.1 to 502.n between the server 2 and each
multi-service server 4.1 to 4.n is bi-directional and, preferably,
is a high speed link.
The server 2 then includes a management module 20.1 to 20.n for
each link 51.1 to 51.n, with a multi-service server 4.1 to 4.n
insofar as this link requires a specific communication protocol.
Similarly, each multi-service server 4.1 to 4.n is fitted with an
interface 40.1 to 40.n notably a hardware and a software interface
for communication with the server 2.
The operation of the device is substantially identical to that of
the device described with reference to FIG. 1A except for the fact
that the requests sent by the server 2 to the terminal are
translated by the multi-service server 4.1 to 4.n associated with
the terminal in concordance with the communication protocol between
the multi-service server 4.1 to 4.n and the terminal 1.1.1 to
1.n.n.sub.3. So as to accelerate the processing of the requests
from the terminals and the dialogue between the server 2 and the
terminals 1.1.1 to 1.n.n.sub.3, certain modules or parts of modules
can be deported onto the multi-service server 4.1 to 4.n associated
with the terminal. Hence, the registration procedure for a terminal
may be managed at least in part, by a specific module of the
multi-service server 4.1 to 4.n associated with the terminal. In
effect, for most multi-service servers 4.1 to 4.n, each terminal is
already registered for a particular service from the multi-service
server 4.1 to 4.n. The terminal therefore has a unique
identification on the multi-service server 4.1 to 4.n. This
identification can be preserved to permit access to the service of
distributing audio-visual selections from the server 2.
Similarly, the graphic module of the server 2 can be deported onto
each multi-service server 4.1 to 4.n. In effect, each multi-service
server 4.1 to 4.n may have the same type of module to offer its own
services. It is therefore sufficient to add the functionalities
previously described in this module.
Hence, when a terminal 1.1.1 to 1.n.n.sub.3 registered on the
associated multi-service server 4.1 to 4.n for the service of
distributing audio-visual selections, desires access to this
service, for the first time, it authenticates itself on its
multi-service server 4.1 to 4.n. Next, it notifies, for example,
the sending of a request or the validation of a command to its
multi-service server 4.1 to 4.n. The multi-service server 4.1 to
4.n verifies, from the identifier supplied by the terminal, that
the latter can access the service from the server 2. In the
affirmative, the multi-service server 4.1 to 4.n sends a request to
the server 9 through the communication interface 40.1. On reception
of this request, the server 2 sends, by means of a module for
communication 20.1 with the respective multi-service server 4.1 to
4.n, the necessary information to the multi-service server 4.1 to
4.n so that the latter transmits the dialogue screens to the
terminal so as to permit the choice or the validation of the choice
of at least one audio-visual selection. When the choice is
validated, the audio-visual data corresponding to the chosen
selection are transmitted by the server 2 to the terminal via the
associated multi-service server 4.1 to 4.n. During this
transmission, the format of the audio-visual data corresponding to
the chosen selection can be modified by the associated
multi-service server 4.1 to 4.n so that the format is compatible
with the protocol of the communication between the terminal and the
associated multi-service server 4.1 to 4.n. In the context of this
embodiment example, the multi-service server 4.1 to 4.n may behave
like a terminal with respect to the server 2.
Hence, for example, the multi-service server 4.1 to 4.n can manage
listening stations or a background music device. In this variant,
the multi-service server 4.1 to 4.n is identified at the server to
take into consideration the uses which will be made by the
listening stations and the reproductions of the selections made as
background music.
Hence in this case, and as previously described, a record, for
example, in the form of a report file, is implemented on the
multi-service server and is updated each time a selection stored on
the server is used. Consequently, when a musical selection is
played in the context of background music, it must give rise to the
payment of specific rights. In order to do this, the report file
stores this use. Hence, when the information contained in the
report file is transmitted to the server 2, the rights
corresponding to a reproduction in public can be calculated for the
purpose of receiving payment.
Similarly, a listening station may permit a public reproduction of
the selection. In this case, the report file stores the
reproduction of each selection in order to be able to calculate the
corresponding rights.
The operation of the device according to the invention will now be
described making reference to the logic diagram in FIG. 2. This
logic diagram represents the succession of operations that occur
when a connection is made between the terminal 1 and the server 2.
As previously explained, the first connection of a terminal is
preceded by a registration procedure in the course of which the
terminal 1 is identified to the server and the terminal receives,
if the need arises, software elements that permit terminal/server
dialogue and the exploitation of the data transmitted by the server
2.
In a first step 401, the link between the terminal and the server
is initialized. This initialization corresponds, notably to the
connection between the management module 20 of the server and the
first circuit 11 of the terminal. Next there is a step requesting
authentication 402. In this step, the server 2 sends a request to
the terminal through the authentication module 21 to ask for its
identifier and its pass word. The reception of this request is
translated on the terminal 1, for example, by the display of a
welcome screen generated by the graphic interface module 22 of the
server 2 or by a graphic module of the terminal comprising a first
zone for entering the identifier and a second zone for entering the
pass word. The user enters the identifier and the pass word which
have been assigned to him during the registration procedure and
then validates his entry. This validation permits the sending of a
response to the request sent by the server. This step of asking for
authentication can be automatic when the identifier and the pass
word are stored on the terminal 1. As soon as the request asking
for authentication is received by the terminal, the identifier and
the pass word are returned to the server without any particular
display.
Subsequently a third verification step 403 is carried out at the
server 2. This step consists of verifying if the identifier and the
pass word correspond to a registered terminal. In the negative,
either a new request for identification is sent to the terminal or
the connection between the server and the terminal is broken under
the initiative of the server. In the affirmative, in a fourth step
404, the authentication module 21 verifies the status specified for
the terminal 1, namely if the terminal is authorized to store
selections or if the terminal is only authorized to run a selection
in real time or if the terminal is authorized to run a previously
stored selection an unlimited number of times. If the terminal is
authorized to store, a request asking for a report file is sent to
the terminal in a fifth step 405. If the terminal is not authorized
to store the selections, a sixth step 406 called the selection
choice step is triggered. Of course, when other uses of a selection
are possible on the terminal 1, corresponding information is
contained in the authentication module.
When a terminal 1 which is authorized to store the selection,
receives the request asking for the report file, it sends to the
server the contents of the report file if this contains information
and then empties the file. If the report file is empty, the
terminal sends a message indicating that the file is empty. If
after a specified period of time, the server does not receive a
reply, then it breaks the connection with the terminal in an eighth
step or repeats its request. If the server receives a reply, the
communication management module 20, on the one hand triggers the
sixth selection choice step 406 and, on the other hand verifies if
this reply contains information about the running of the selections
stored on the terminal. In the affirmative, in a ninth step 409,
the management module 20 notifies the data received to the royalty
calculation module 24 in order to update its data base for the
calculation of royalties.
The selection choice step 406 in fact consists of sending to the
terminal either dialogue screens generated by the graphic interface
module 22 or vocal messages. These screens include, in particular,
the list of available selections, read by the graphic interface
module 22 from the selection library 23. Taking into account the
number of selections possible, these may be classified by style, by
preference, by date of availability or by frequency of demand. The
choice of a selection is, for example, validated by using a
validation screen. The validation of the selections leads to a
tenth step 410 in which the selection is placed in a file
constituting the list of selections commanded by the user of the
terminal. After validation of a terminal, in an eleventh step, a
screen is sent by the server, to determine if another selection
choice is desired. In the affirmative, the sixth 406, tenth 410 and
eleventh 411 steps are carried out once again. In the negative, the
information contained in the file constituting the list of
selections commanded is sent, in a twelfth step 412, to the
terminal. On receiving this information, the server 2, in a
thirteenth step 413, prepares to send digital data corresponding to
the selections on the list. This preparation depends on the type of
terminal 1, that is to say, if the terminal is authorized or is not
authorized to store the transmitted information. If the terminal is
authorized to store, before sending the selections chosen, the
communication management module 20 of the server 2 notifies the
royalty calculation module 24 to record the copying rights due for
the downloading of each selection on the list. If the terminal is
not authorized to store the selections, that is to say the terminal
only allows listening to the selections in real time, the
communication management module 20 of the server 2 notifies the
royalty calculation module 24 to record the reproduction rights of
each selection on the list of selections commanded and possibly
copying rights depending on the legislation currently in force.
Following the sending of the digital data corresponding to the
selections commanded to the requesting terminal, a screen generated
by the graphic interface module 22 can be sent to the terminal 1 to
enable the user, either to again command at least one selection and
then again run through the process starting with the selection step
or to shut down the connection with the server 2.
So as to increase the security of the device with respect to
illegal copies or reproductions, the encryption method integrates
at least two encryption keys. When a terminal is registered it
receives the two keys which are not known to the user.
A first encryption key is identical for every transmission to all
the terminals and permits identification of the source of the data,
that is to say, the server 2. In contrast, the second key is
specific, not only to the terminal but also to the type of use
which is to be made of the selections. Hence, a terminal which is
not authorized to store the digital data representative of the
selections will have available a key which does not allow it to
decrypt the digital data intended for a terminal authorized to
store the digital data and will have a key available that permits
another type of use. Similarly, the second encryption key is
different when the selection is to be played back in a public place
or if it is the subject of a one-off payment of royalties.
The software elements installed on the terminal 1 may include means
of collecting statistical information, for example, about the use
made of the selections stored on the terminal 1 or on the mode and
the periods of the day during which connections to the server are
made. These collection means comprise means of storing statistical
information in a file that reports on the data storage means of the
terminal. The collection means comprise means of transmitting, to
the server 2, the information contained in this file when a
connection is made from the terminal to the server 2. Hence,
information such as the date on which the selections were replayed,
the order in which the selections were chosen and the duration of
the connection can be stored and then sent to the server 2 to be
subsequently used for commercial purposes. Similarly, when the
terminal 1 is being registered, information on the profile of the
user or users can be logged so as to complement the recorded
statistics.
Hence, in particular, the information collected by the server 2 and
showing the use made of the selections sent to the terminal can be
cross referenced with the profile of the user or any other
statistical parameter for the purpose, for example, of carrying out
market research.
The device according to the invention also integrates means of
payment for the selection commands. These means of payment can be
physically present on the terminal and/or integrated with the
process of communication between the terminal and the server. In
both cases, the payment for the selections can intervene at several
moments in the process.
For reasons of simplifications, "credit" will mean the sum
necessary to command a selection. In a first variant the credit or
credits can be prepaid. In other words, each terminal includes a
credit account stored on the data base and administered by a
specific module of the server 2. This account is credited by the
specific module every time the user of the terminal associated with
the account desires it. This modification can be accommodated by
the graphic interface module 22 through a set of specific remote
payment screens.
A credit is debited from the account by the specific module every
time a selection is validated by the user of the terminal 1.
The second method of payment can be payment on each selection. In
this case, the payment is made during the connection between the
server and the terminal. Hence, at specific instants of the
connection, the interface module 22 sends a set of specific
screens, either for remote payment or for payment through the
terminal's payment means. In this case, as long as the payment
procedure is not validated by a payment module of the server or as
long as the sum paid does not correspond to the number of credits
required for the payment of the selections commanded, the sending
of the selections is not triggered.
The third method of payment is based on a regular payment for the
command of selections. In this mode of payment, every time a song
is sent to a terminal 1, a payment module of the server updates an
account associated with the terminal. Afterwards and periodically,
the payment module of the server publishes an invoice which is sent
to the user of the terminal 1 associated with the account in order
to settle the account. In this method of payment, the
authentication procedure can be complemented by a method of
verifying credit, triggered by the payment module. If a credit
payment is not made, the payment module notifies the graphic
interface module 21 to generate a screen which states the credit
situation. This screen is then transmitted to the terminal by the
communications management module of the server to be displayed on
the display means of the terminal. The screen includes, for
example, a reminder of the credit situation and an invitation to
regularize the situation. Subsequently the server either triggers
the pursuit of the command procedure or breaks off the connection
with the terminal.
As previously explained, the payment can operate at various moments
in the procedure of communication between the server and the
terminal. Hence, payment can be requested before the selection step
406. In this case, the user of the terminal is invited, by means of
a display screen, to indicate how much credit he wants to obtain or
how many selections he wishes to make. In another variant, the user
of the terminal is invited, by means of a screen, to pay the sum of
money that he wishes and the server 2 on reception of the
information corresponding to this sum, sends back the number of
credits allocated.
Payment can be made either after each selection, before the
updating of the file constituting the list of songs commanded or
after validation of the choice of the last selection before the
sending of the information contained in the file constituting the
list of selections commanded.
* * * * *